Under GDPR, organisations will need to process data using one or more of the below legal basis:
So for example, a finance company is unable to locate a customer who has stopped making payments under a hire purchase agreement. The customer has moved house without notifying the finance company of his new address. The finance company engages a debt collection agency to find the customer and seek repayment of the debt. It discloses the customer’s personal data to the agency for this purpose. Although the customer has not consented to this disclosure, it is made for the purposes of the finance company’s legitimate interests – i.e. to recover the debt.
Whereas before there was one consent to rule them all, GDPR requires a complete review of consent mechanisms, to make sure they meet the legislation’s new standards. If organisations cannot achieve the new, high level of consent then they must find an alternative legal basis (as listed above), or not process the data in question at all.
As such, businesses will now need to review their consent mechanisms to make sure they meet the GDPR requirements on being specific, granular, clear, prominent, opt-in, documented and easily withdrawn.
The key new points are as follows:
No imbalance in the relationship: consent will not be freely given if there is imbalance in the relationship between the individual and the controller – this will make consent particularly difficult for public authorities and for employers, who should look for an alternative lawful basis.
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